Residential Properties (First-hand Sales) Ordinance

Practice Note No. PN03/13
Residential Properties (First-hand Sales) Ordinance
Practice Note on Sales Arrangements and Other Information
This Practice Note sets out the best practices recommended by the Sales
of First-hand Residential Properties Authority (SRPA) (as shown in italic
below), and repeats in full the requirements as stipulated in the
Guidelines on Sales Arrangements and Other Information issued under
section 88 of the Residential Properties (First-hand Sales) Ordinance (the
Ordinance).
The best practices are shown in italic so as to distinguish them from those
parts belonging to the guidelines issued by the SRPA under the said
provision of the Ordinance. The best practices are NOT part of the
guidelines.
Non-compliance with the best practices per se will not be regarded as a
contravention of the Ordinance or a commission of an offence under the
Ordinance.
General
1.
Vendors should fully comply with the relevant requirements on sales
arrangements as set out in the Ordinance for the sale of specified
residential properties on or after 29 April 2013.
Promulgation of Sales Arrangements
2.
Section 47(1) of the Ordinance stipulates the timing of making
available the information on sales arrangements to the general
public.
3.
When counting the “3 days” as required under section 47 of the
Ordinance for making available the documents containing the
information on sales arrangements (i) a date of sale is excluded from the counting of the “3 days”; and
(ii) all Saturdays, Sundays and Public Holidays are included in the
counting of the “3 days”.
4.
Though it is not a requirement under the Ordinance, vendors are
advised to send a copy of the document containing information on
sales arrangements to the SRPA on the first day on which the
document is made available to the public.
5.
The following example illustrates the timing of making available the
aforementioned documents -:
Example : A vendor wishes to offer to sell a property on 4 January
From
00:00 on
1 January
to
24 :00 on
3 January

Make available hard copies of a document containing
information on the sales arrangements for collection by
the general public free of charge.

Make available information on the sales arrangements
for inspection on the website designated by the vendor
for the development (the designated website).
By 23:59 on
1 January

Send a copy of the document containing information on
the sales arrangements to the SRPA. For convenience
sake, vendors are advised to submit the documents to the
SRPA by fax or by email. For details, please make
reference to paragraph 12 of the Practice Note on
Submission of Documents to the SRPA (PN05/13).
On 4 Jan and on
each date of

Make available hard copies of a document containing
information on the sales arrangements for collection by
sale
the general public free of charge.
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
Note :
Make available the same information for inspection on
the designated website.
The vendor may, if he wishes, make available the sales arrangements earlier than
3 days immediately before the sale.
6.
Vendors are advised to follow the format of the template at Annex in
making available the information on sales arrangements, and to
provide such information in both Chinese and English.
Revision of Sales Arrangements
7.
If any part of the sales arrangements has been revised subsequent to
its first issue, vendors should make available the revised sales
arrangements on its designated website for inspection and in hard
copies for collection by the general public. They may either do so
by (i) issuing another document of sales arrangements; or (ii) making
amendments to the previous document on sales arrangements1.
8.
If changes are made to the sales arrangements, the residential
properties affected by the changes should only be sold or offered to
be sold after the revised sales arrangements have been made
available to the public for a period of at least three days. Examples
are set out in paragraphs 9 and 10 below.
9.
If in the original document containing the sales arrangement, there is
only one place (e.g. location A) where the specified residential
property will be offered to be sold. After three days, the vendor
adds another place (e.g. location B) where the specified residential
property will also be offered to be sold and issues a revised
document setting out the new sales arrangements. In this case, the
residential property can continue to be offered to be sold at location
A, but can only be offered to be sold at location B after the revised
sales arrangements have been made available to the public for a
1
Making amendments to a previous document on sales arrangements may be done by removing (i.e.
not crossing out) the outdated/inaccurate parts and substituting them with the accurate/revised
contents as appropriate. There is no need to retain the previous contents.
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period of at least three days immediately before the date of sale
under section 47(1) of the Ordinance.
10. If, after issuing a document on the sales arrangements setting out
prescribed residential properties to be offered for sale on a specific
date, the vendor wishes to offer additional residential properties for
sale, it may issue another document of sales arrangements to cover
the arrangements for the sale of the additional residential properties,
and follow the requirements under section 47(1) of the Ordinance.
Alternatively, vendors may announce the offer for sale of those
additional residential properties by making amendments to the
previous document on sales arrangements. If so, the additional
residential properties can only be offered to be sold after the revised
document of sales arrangements have been made available to the
public for a period of at least three days immediately before the date
of sale under section 47(1) of the Ordinance. As for the other
properties on the amended document of sales arrangement to which
there are no changes to their sales arrangements, there is no need to
wait for another three days to offer to sell those properties.
Plans and Documents Made Available to General Public
11. On each day where the sale of specified residential properties takes
place, vendors are required to make available the plans and
documents as set out in section 48 of the Ordinance for inspection by
the general public free of charge at the sales offices. Vendors are
advised to place those plans and documents in a manner that they
are reasonably visible to any person entering the sales office.
12. On each day where the sale of specified residential properties takes
place, vendors are required to make available the deed of mutual
covenant (DMC) and the aerial photograph of the development as set
out in section 49 of the Ordinance for inspection on the designated
website. Vendors are advised to make available the DMC and the
aerial photograph on the website in a manner that they are
reasonably visible to any person browsing the website.
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Maintenance of Order at Sales Office
13. Vendors are advised to take steps to maintain order at the sales
offices, such as deployment of adequate staff, plan ahead the crowd
control measures and inform the management office of the building
at which the sales office is situated. In line with established
practice, vendors are also advised to inform the Police about the
commencement of sales at least seven working days before the sale
commences.
Expression of Intent
14. Section 34 of the Ordinance sets out clearly at what time point
vendors may seek and accept different types of expression of intent.
The effect of section 34(1) of the Ordinance is that the vendor must
not seek general expression of intent, and must reject such
expression of intent, any time before the first day on which copies of
any price list setting out the prices of those specified residential
properties have been made available to the public. The effect of
section 34(2) of the Ordinance is that the vendor must not seek and
must reject specific expression of intent before the first day on which
the specified residential property is offered to be sold. On and after
the first day on which the specified residential property is offered to
be sold, the vendor may seek and accept specific as well as general
expression of intent.
Vendor’s Information Form (VIF)
15. Vendors should make available VIF under the situations as described
in sections 66 and 68 of the Ordinance. Vendors are advised to
provide the VIF in both English and Chinese.
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Transitional Arrangements
16. The following transitional arrangements will apply:
(a) For residential properties which have commenced sale before
29 April 2013, the vendor should ensure that sales arrangements
made available on or after 29 April 2013 fully comply with the
relevant requirements under the Ordinance; and
(b) For residential properties in a development which are intended
to be offered for sale on or after 29 April 2013, including
residential properties in a development which have commenced
sale before 29 April 2013, sale may commence on/continue on
and after 29 April 2013 if sales arrangements which comply
with the relevant requirements under the Ordinance are made
available before 26 April 2013.
How to Provide Information to the SRPA
17. Please refer to Guidelines No. G05/13 on how to provide
information to the SRPA. Reference may also be made to Practice
Notes No. PN05/13.
For enquires, please contact us via the following Telephone
: 2817 3313
Email
: [email protected]
Fax
: 2219 2220
5 April 2013
Sales of First-hand Residential Properties Authority
Transport and Housing Bureau
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Annex to PN03/13
Template for Making Available Information on Sales Arrangements
提供銷售安排資料的範本
Name of the development:
發展頂目名稱:
ABC Garden
ABC 花園
Date of the Sale:
出售日期:
From 4 January 2013
由 2013 年 1 月 4 日起
Time of the Sale:
出售時間:
From 9 a.m. to 9 p.m.
由上午九時至晚上九時
Place where the sale will take place:
出售地點:
7/F, XYZ Mall, Tsim Sha Tsui
尖沙咀 XYZ 商場七樓
Number of specified residential properties
that will be offered to be sold:
將提供出售的指明住宅物業的數目
20
Description of the residential properties that will be offered to be sold:
將提供出售的指明住宅物業的描述:
The following flats in Block A: 2A, 2B, 2C, 2D, 2E, 4A, 4B, 4C, 4D, 4E, 6A, 6B,
6C, 6D, 6E, 10A, 10B, 10C, 10D & 10E
以下在 A 座的單位:2A, 2B, 2C, 2D, 2E, 4A, 4B, 4C, 4D, 4E, 6A, 6B, 6C, 6D, 6E,
10A, 10B, 10C, 10D & 10E
The method to be used to determine the order of priority in which each of the
persons interested in purchasing any of the specified residential properties
may select the residential property that the person wishes to purchase:
將會使用何種方法,決定有意購買該等指明住宅物業的每名人士可揀選其意
欲購買的住宅物業的優先次序:
First come first served
先到先得
The method to be used, where 2 or more persons are interested in purchasing
a particular specified residential property, to determine the order of priority
in which each of those persons may proceed with the purchase:
在有兩人或多於兩人有意購買同一個指明住宅物業的情況下,將會使用何種
方法決定每名該等人士可購買該物業的優先次序:
First come first served
先到先得
Hard copies of a document containing information on the above sales
arrangements are available for collection by the general public free of charge
at [please insert place(s)].
載有上述銷售安排的資料的文件印本於[請填上地址]可供公衆免費領取。
XXX Arcade, Tsim Sha Tsui
尖沙咀 XXX 商場
(Note: vendors are advised to indicate at its designated website the location(s)
where hard copies setting out the sales arrangement can be collected.)
(註:我們建議賣方在其指定網頁提供可供領取載有銷售安排的資料的文件的
地點。)
Date of issue (發出日期): __________________
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